TERMS OF SERVICE

 

  1. Terms of ServiceWelcome to Luvitorshuvit Trading Limited's ("Luvitorshuvit") website.  These terms of service ("Terms of Service") apply to your use of this website.  By using this website, you are deemed to have read and agree to be bound by these Terms of Service
  1. Further Terms:  As well as these Terms of Service the Privacy Policy also applies to your access to and use of this website. 
  2. Amendments:  Luvitorshuvit reserves the right to amend these Terms of Service from time to time upon placing any such amendments on this website.
  3. Intellectual Property:  Unless otherwise stated in this Terms of Service, Luvitorshuvit is the owner or licensee of all copyright, trademarks and other intellectual property rights relating to this site and its contents.  This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software that are included in this website
  4. Licence:  Provided that you are 13 years or older and also if you are younger than 18 years old you have legal parental or guardian consent to access and use this website, Luvitorshuvit grants you a limited licence ("Licence") for the purpose of accessing and making use of this website for your own personal and non-commercial uses in accordance with these Terms of Service.  Any contravention by you of these Terms of Service or any other terms posted on this website or notified to you by Luvitorshuvit which are intended to govern your use of this website, terminates the Licence Immediately.  Under no circumstances, without the prior written approval of Luvitorshuvit, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the Licence.  You shall not use any data gathering and extraction tools or software to extract information from this site.  You shall not frame or utilize framing techniques to enclose any of the contents of this website without Luvitorshuvit's express prior permission.  You may not use any meta tags or other hidden text which incorporate Luvitorshuvit's name or any of its intellectual property including trademarks, without the Luvitorshuvit's express prior permission.  Using any information or content included on this website other than in accordance with the terms of the Licence is strictly prohibited.  You agree to fully indemnify Luvitorshuvit for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence, including, in respect of any third party claims against Luvitorshuvit, its related parties, employees, contractors or agents.
  5. Proprietary Notices:  In the event that you are granted permission by Luvitorshuvit to use this website or any portion of it or its content other than as provided for by the Licence, subject to any contrary agreement you reach with Luvitorshuvit, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
  6. Posting Policy:  The following provisions ("Posting Policy") apply to any comments you post or any statements you make in any manner on this website ("Posts"):
    1. All Posts must represent your genuine opinion of the matter in question and must be based on facts which can be proved by documented evidence which you agree to supply to Luvitorshuvit at no cost immediately on request for such evidence by Luvitorshuvit;
    2. Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature are not allowed on this website;
    3. You grant Luvitorshuvit a perpetual, non-revocable royalty free licence to:
      1. make use of any Posts as Luvitorshuvit deems appropriate (including as provided for in clause 7(d)(ii)) in relation to this website and the services provided through this website or the promotion of the same; and
      2. sub-licence third parties, on such terms as Luvitorshuvit deems appropriate, to make use of any Posts as Luvitorshuvit deems appropriate in relation to this website and the services provided through this website or the promotion of the same. ;
    4. Luvitorshuvit reserves the right without notice, explanation or liability to:
      1. not allow the posting of any specific Posts;
      2. edit any specific Posts; or
      3. completely remove any Posts from this website; and
    5. You agree to indemnify Luvitorshuvit on demand for any loss or costs of whatever nature suffered by Luvitorshuvit whether direct or consequential as a result of any breach by you of paragraphs 7(a)-7(c).
  7. Image Policy:  The following provisions ("Image Policy") apply to any images you upload to or make available in any manner on this website ("Images"):
    1. All rights of whatever nature (including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available on this website for use in accordance with this Image Policy;
    2. Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images or Images otherwise in contravention of any law or court order are not permitted to be posted or made available on this website;
    3. You grant Luvitorshuvit a perpetual, non-revocable royalty free licence to:
      1. make use of any Images as Luvitorshuvit deems appropriate (including as provided for in clause 8(d)(ii)) in relation to this website and the services provided through this website or the promotion of the same; and
      2. sub-licence third parties, on such terms as Luvitorshuvit deems appropriate, to make use of any Images as Luvitorshuvit deems appropriate in relation to this website and the services provided through this website or the promotion of the same. ;
    4. Luvitorshuvit reserves the right without notice, explanation or liability to:
      1. not allow the use of any specific Images;
      2. edit any specific Images; or
      3. completely remove any Images from this website; and
    5. You agree to indemnify Luvitorshuvit on demand for any loss or costs of whatever nature suffered by Luvitorshuvit whether direct or consequential as a result of any breach by you of paragraphs 8(a)-(c).
  8. Content:  While Luvitorshuvit has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate or that any Posts or Images are in contravention of the Posting Policy and Image Policy, Luvitorshuvit does not warrant the accuracy, adequacy, or completeness of any information on this website and that such information is error free or that any Posts or Images are not in contravention of the Posting Policy and Image PolicyLuvitorshuvit does not undertake to keep this website updated.  To the greatest extent permitted at law Luvitorshuvit does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Luvitorshuvit.
  9. Linked Websites:  This website may contain links to other websites not controlled by Luvitorshuvit ("linked websites").  Those links are provided for convenience only and may not remain current or be maintained.  Luvitorshuvit is not responsible for the content or privacy practices associated with linked websites.  Our links with linked websites should not be regarded as approval or as an endorsement, of those linked websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary on this website.
  10. Accounts:  You are entirely responsible for any actions undertaken on this website or in relation to this website through any account or other authorisation which has been primarily given to you and which enables your use of the website.
  11. Links:  If you provide a link to this website you agree that you will not use any Luvitorshuvit logo, trademark or other proprietary graphic as part of such link without the express prior approval of Luvitorshuvit.
  12. Accessing:  You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  Luvitorshuvit does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.
  13. Exclusion of Warranty:  To the greatest extent permitted by law, in relation to your access and use of this website, any condition or warranty either express or which would otherwise be implied by law into these Terms of Service is hereby excluded.  If you are accessing and using this website for the purposes of a business as defined in the Consumer Guarantees Act 1993, then you agree that the provisions of that Act will not apply to your access and use of this website.
  14. Exclusion of Liability:  To the greatest extent permitted by law, under no circumstances will Luvitorshuvit, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of the website, including without limitation in relation to any Posts or Images or any breach by you of the Posting Policy or Image Policy, or in respect of any failure or omission on the part of Luvitorshuvit to comply with its obligations as set out in these Terms of Service.
  15. Limitation of Liability:  To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Service is held to be invalid or unenforceable for any reason and Luvitorshuvit becomes liable for any loss or damage that would otherwise have been excluded, Luvitorshuvit's maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.
  16. Jurisdiction:  This website is governed by and is to be interpreted in accordance with the laws of New Zealand and subject to clause 18, in all matters relating to or arising from your use of this website, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.  This website has been designed for access from within New Zealand in accordance with the laws of New Zealand.  If you are accessing this website from outside of New Zealand then you agree that you are entirely responsible for ensuring that your access and use of this website will not contravene any laws in your country.
  17. Disputes:  In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify Luvitorshuvit in writing giving details of the dispute.  If Luvitorshuvit and yourself cannot resolve the dispute within fourteen (14) days of receipt by Luvitorshuvit of such notice then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Luvitorshuvit or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either you or Luvitorshuvit.  If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 by a single arbitrator agreed to by both yourself and Luvitorshuvit or, failing agreement, to be appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either you or Luvitorshuvit.  Unless agreed otherwise by Luvitorshuvit, all such mediation and arbitration proceedings shall take place at a venue in Auckland, New Zealand to be chosen by Luvitorshuvit acting entirely at its own discretion.  All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
  18. Failure to Comply:  Luvitorshuvit accepts no liability for any failure to comply with these Terms of Service where such failure is due to circumstances beyond its reasonable control.
  19. Waiver:  If Luvitorshuvit waives any rights available to it under these Terms of Service on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
  20. Severability:  If any provision of these Terms of Service is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Service, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Service shall continue in full force.
  21. Queries:  If you have any queries in regard to these Terms of Service please don't hesitate to contact us.

 

COPYRIGHT INFRINGEMENT NOTIFICATION AND OTHER COMPLAINTS

 

  1. Images:  Luvitorshuvit has very strict policies in place which govern any images uploaded to or made available in any manner on this website ("Images").  As part of this process all users have to guarantee to Luvitorshuvit that all rights of whatever nature (including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images belong to them or that they have the right to make the Images available on this website for use in accordance with the Image Policy as detailed in clause 8 of the Terms of Service. Users are also specifically warned they cannot upload or make available in any manner on this website Images which may be pornographic, obscene, harassing, threatening, hateful, discriminatory, defamatory or in contravention of any law or court order.

If you believe that any Image included on this website does not comply with the high standards detailed above that Luvitorshuvit requires, then please contact us immediately with an explanation of the issue in question and we will do our best to resolve the issue to your satisfaction.

  1. Opinions:  Unless explicitly stated otherwise the comments or statements included on this website do not represent the opinions of Luvitorshuvit Trading Limited ("Luvitorshuvit") regardless of whether Luvitorshuvit may have edited or formatted such comments or statements in the course of their being posted on this website.
  2. Genuine Opinion:  All comments or statements made on this website represent the genuine opinion of the authors of such comments or statements.
  3. Posts:  Luvitorshuvit has very strict policies in place (including the Posting Policy as detailed in clause 7 of the Terms of Service) which govern the posting of any statements or comments on this website by users of the website.  These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users.  Comments or statements on this website which include personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, defamatory or discriminatory remarks of any nature will not be tolerated.

If you believe that any statement or comment included on this website is inaccurate or inappropriate then please contact us immediately with an explanation of the issue in question and we will do our best to resolve the issue to your satisfaction.

  1. Information: To help us deal as efficiently as possible with any issue you may have in respect of any Image or Post then you must supply us by email to abuse@luvitorshuvit.com with the following information at the same time as notifying us of your issue:
    1. Clearly identify the Image(s) or Post(s) in respect of which your issue relates including if at all possible by providing us a current link to the location of such Image(s) or Post(s);
    2. If your issue relates to an Image infringing the copyright in an image legal owned by you then you must also provide us with a copy of the image which you believe has been infringed;
    3. Clearly outline to us in no more than 200 words an initial summary of your issue; and
    4. Provide your full legal name, mailing address, telephone number, and preferred email address which we can use to respond to your issue.